Summary: Mrs X complains that the Council has decided to recover an overpayment of housing benefit and to seek payment of Council tax from 16 years prior. The Ombudsman will not investigate this complaint because she has appealed to a tribunal.

The complaint

2. Mrs X complains that the Council has decided to recover an overpayment of housing benefit and to seek payment of Council tax from 16 years prior.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has appealed to a tribunal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

6. I considered the complainant's and Council's comments. The complainant has not commented on the draft decision before a final decision was made.

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What I found

7. Mrs X says that she was told, 16 years ago, that she did not have to pay Council tax and she received a reduction in her rent. She says that she has now been told by the Council that they had made an error and she owed the Council a significant amount of Council tax and underpaid rent (as she had been overpaid housing benefit).
8. Any decision to recover overpaid housing benefit and Council tax support paid in error can be appealed to a tribunal. The Tribunal is an independent expert body and its decisions are binding on Councils.
9. Mrs X has now appealed to the tribunal and so the Ombudsman cannot investigate this complaint.

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Final decision

10. I will not investigate this complaint because she has appealed to a tribunal.

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Investigator's decision on behalf of the Ombudsman